Ariz. Rev. Stat. § 41-1491.03
Religious organization and private club exemption
Operative Text
A. This article does not prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from: 1. Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion. 2. Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin. B. This article does not prohibit a private club that is not open to the public and that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.
Under A.R.S. § 41-1491 et seq. § 41-1491.03, Arizona's fair housing article carves out two narrow exemptions from its general anti-discrimination requirements. Religious organizations and nonprofits they control may restrict or prefer members of their own faith when renting or selling dwellings they own for non-commercial purposes, provided that membership in the religion is not itself limited by race, color, or national origin. Separately, private clubs that are not open to the public may limit or give preference to their own members when renting lodging they own and operate for non-commercial purposes.
Plain English — not legal advice.
Property owners or managers affiliated with a religious organization or a private club should understand that A.R.S. § 41-1491 et seq. § 41-1491.03 provides a limited exemption from Arizona's fair housing rules only when the housing is owned or operated for non-commercial purposes and the preference is tied strictly to religious membership or club membership. Compliant operators in this context typically document the non-commercial nature of the housing and ensure that any religious membership criteria do not exclude people based on race, color, or national origin. Operators whose housing falls outside these narrow conditions generally remain subject to the full scope of Arizona's fair housing requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe they have been denied housing or given less favorable treatment should be aware that A.R.S. § 41-1491 et seq. § 41-1491.03 creates only a narrow exemption for certain religious organizations and private clubs operating non-commercial housing. If a landlord claims this exemption but the housing appears to be operated commercially, or if the religious membership criteria seem to exclude people based on race, color, or national origin, those facts may be relevant to whether the exemption actually applies. Tenants exploring their options can consult a tenant-rights organization or the U.S. Department of Housing and Urban Development to learn about available complaint processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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